Atlanta & Richmond Air Line Railroad v. Wood
Supreme Court of Georgia
Railroads. Roads. New trial. Damages. Charge of Court. Before Judge Hopkins. Fulton Superior Court. April Term, 1872. Wood brought case against the Atlanta and Richmond Air Line Railroad Company, for damages alleged to have been sustained by him by reason of its negligence. The defendant pleaded the general issue.
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Railroads. Roads. New trial. Damages. Charge of Court. Before Judge Hopkins. Fulton Superior Court. April Term, 1872. Wood brought case against the Atlanta and Richmond Air Line Railroad Company, for damages alleged to have been sustained by him by reason of its negligence. The defendant pleaded the general issue. The evidence made the following case: On the evening of the 21st of March, 1870, plaintiff left his home in Milton county, with his wagon, to which was attached two oxen and a mule, and started for the city of Atlanta. At about eight or nine o’clock in the night, he arrived at the…
1Opinion of the Court
McCay, Judge.
1. Under our law there is no authority to alter a public road but by an order of the Inferior Court, (now the Ordinary:) Revised Code, sections 643, 645; Constitution 1868, Article V.section 5. The proof here is clear, that up to a *short period the road had for years been just in the track where the plaintiff’s team went. But the road was changed in fact. Who changed it does not appear. The presumption is strong that it was done by the agents of the company, since the testimony is that the road continued as it had been until just before the work reached where it crossed the…
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